The Truth Behind the “Illegal Alien”: Debunking Anti-Migrant Talking Points

Image credit: U.S. Immigration and Customs Enforcement (ICE)

In the past few weeks, President Donald Trump declared a national emergency at the southern border, attempted to end birthright citizenship, suspended US refugee admissions, shut down the Biden administration’s immigration programs, and ordered for Guantanamo Bay to be prepared to house up to 30,000 migrants. Amongst this barrage of activity undertaken by President Trump, nothing exemplifies the US shift to reject its “melting pot” roots more than the intense influx of raids by US Immigration and Customs Enforcement (ICE), paired with his consistent anti-immigrant rhetoric. The recent ICE raids have evidenced racial profiling, with American citizens being detained on the basis of their race or skin color, including indigenous American citizens of tribal nations. ICE has also been granted the authority by President Trump to apprehend migrants in or near schools, churches, and hospitals, prompting pushback from public schools. Sowed by claims of high crime rates from undocumented immigrants and stolen American jobs, the seeds of xenophobia have been planted quite deeply. But is there any factual basis to these anti-immigrant arguments? 

The extreme rise in anti-immigrant hate, discrimination, and administrative action necessitates an examination of the truth and facts on the topic. In an assessment of the common arguments against migrants in the US, there is little to no evidence supporting the claims of high crime rates, violence, and job-stealing. 

CLAIM: Migrants are criminals, murderers, terrorists, violent, etc. 

“Not only is Comrade Kamala allowing illegal aliens to stampede across our border, but then it was announced about a year ago that they’re actually flying them in. Nobody knew that they were secretly flying in hundreds of thousands of people, some of the worst murderers and terrorists you’ve ever seen,” said Trump at a news conference in Los Angeles, California on September 13, 2024.

FACT: Data indicates that immigration, including undocumented populations, is not linked to higher crime rates; in reality, the inverse is true. 

Studies have shown that immigration is not linked to higher crime rates. In fact, communities with greater immigrant population concentrations have been observed to have lower crime rates and increased levels of social connection and economic opportunity, which are factors indicative of neighborhood safety. 

Additionally, when it comes to claims of terrorism, a 2019 CATO Institute study examined terrorist attacks from 1975 to 2017 and found no association between immigration and terrorism. The study assessed terrorism’s relationship to immigration status, comparing native-born terrorism to foreign-born and undocumented migrants, and found that, in the 43-year period analyzed, there were 192 foreign‐​born terrorists and 788 native-born terrorists who planned, attempted, or carried out attacks on U.S. soil. The vast majority of attacks that were planned, attempted or carried out were made by native-born terrorists. Additionally, the chance of a citizen being killed in a terrorist attack by a refugee on U.S. soil is about 1 in 3.86 billion per year, and the chance of being murdered by an attack committed by an undocumented immigrant was found to be zero. 

Cases such as the tragic murder of Laken Riley have been wielded as examples and proof of this migrant-criminal generalization, despite their statistically unlikely nature. Native-born US citizens have been found to have significantly and consistently higher rates of violent crime in comparison to undocumented migrants, although these instances receive far less media attention. The case of Laken Riley in particular became a major campaign talking point for President Trump, who signed into law the Laken Riley Act in her honor. Ultimately leading many to overestimate the crime risks of migrants, specific cases like this have been utilized to continue the dissemination of the dangerous migrant narrative.  

CLAIM: Migrants steal American jobs and hurt the US economy.

“Virtually 100% of the net job creation in the last year has gone to migrants. You know that? Most of the job creation has gone to migrants. In fact, I’ve heard that substantially more than — beyond, actually beyond that number 100%. It’s a much higher number than that, but the government has not caught up with that yet,” said Trump in August of 2024.

FACT: Immigration helps boost the economy, and is not linked to higher American unemployment. 

The Congressional Budget Office reported in 2024 that immigration contributes significantly to economic growth, rather than stunting it. Economists believe that post-pandemic, the surge in immigration led to growth in the economy without contributing to price inflation. 

Furthermore, concerns about migrants stealing jobs from Americans have also been debunked. The rate of unemployment for US-born workers averaged around 3.6% in 2023: the lowest rate on record. The claim that more immigrants displace US-born workers is simply not factual, otherwise the unemployment rate would be significantly higher. The truth is that US-born workers have very low interest in labor-intensive and commonly agricultural jobs, which are then filled by migrants.

 Government data indicates that immigrant labor actually provides promotional opportunities for US-born workers, and that a mass-deportation event would cause costs of living to skyrocket. This is because immigrants tend to take jobs that are complementary to native-born workers, not acting as substitutes to them, but as supplements. Additionally, immigrants contribute not only to the labor supply, but to labor demand as well due to their consumption of goods and services. This is furthered by the entrepreneurial tendencies of many high-skilled immigrants; immigrants have been found to start businesses at higher rates than native-born workers, generating jobs and long-term economic growth. 

CLAIM: Migrants should just go back to their own country.

“Why don’t they go back and help fix the totally broken and crime infested places from which they came,” tweeted Trump in 2019, targeting progressive Democrat congresswomen who had been outspoken against his immigration stance. 

FACT: According to a study on those migrating to the US from Latin America and the Caribbean, nearly 73% have been victimized by violent crime in their home countries, many of which have been destabilized throughout history by US interventions. 

The largest population of migrants in the US is from Mexico, making up around 23% of the country’s total immigrant population. In 2022, a UN International Organization for Migration survey found that 90% of Mexican migrants fled due to violence, extortion, or organized crime. 

Similarly, undocumented immigration from the Northern Triangle (El Salvador, Guatemala and Honduras) has been increasing steadily over the past 30 years. Looking at the US involvement in these countries, all three have been destabilized by past US intervention. 

During El Salvador’s 12 year long civil war from 1979 to 1992, the US government backed the repressive regime that dispatched paramilitary death squads against civilians. Post-war, El Salvador saw an explosion of gang violence across the country. Guatemala has been plagued by national instability for decades, which was largely exacerbated by a 1954 CIA-backed coup that triggered an armed insurgency. Guatemala has since faced decades of human rights abuses committed by its leaders. The 2009 Honduras coup was supported by US DoD officials, and led to an age of violence and instability in the country that's effects are still felt today. Post-coup, Honduras has faced extreme poverty, economic inequality, and gang violence. 

Additionally, studies have examined the distinct correlation between US firearm manufacturing and the rates of gun violence in Latin America and the Caribbean. The US Bureau of Alcohol, Tobacco, Firearms and Explosives indicates that a large sum of guns recovered from crimes in El Salvador, Honduras, and Mexico were manufactured in the US. The US remains one of the main legal firearm exporters to Honduras, Guatemala, and El Salvador, and the US Government Accountability Office reported that these legal exports are often diverted to criminal networks.

Global migration has increased overall over the past few decades, hitting a record high in 2023. As of May 2024, over  120 million people have been forcibly displaced due to human rights violations, persecution, conflict and violence around the world, including 6.4 million asylum seekers.

CLAIM: They should just come into the country legally. 

“The current administration terminated every single one of those great Trump policies that I put in place to seal the border. I wanted a sealed border. Again, come in but come in legally,” said Trump in his speech at the Republican National Convention in July of 2024.

FACT: It’s not that migrants do not want to enter legally, but rather structural, institutional, and financial obstacles impede them from doing so.

Many migrants do want to come into the US legally. The process however, is extremely time-consuming and difficult to navigate. In the years following the outbreak of COVID-19 there has been a massive backlog in cases, amounting to 2 million pending cases in 2023— more than triple the amount from 2017. Partly due to understaffed immigration courts, the backlog means years of waiting for a case to be heard. Beyond shortages in immigration judges and staff, the DOJ’s Executive Office for Immigration Review has been found to have “longstanding workforce management challenges,” and “did not have a strategic workforce plan to address them,” according to the US Government Accountability Office. 

Additionally, immigrants and asylum seekers are five times more likely to win their case if they have a lawyer. Unfortunately, publicly-funded lawyers are not a right for migrants, and even if they were , there is a massive shortage in immigration lawyers to begin with, and they are often far too costly to obtain. To make matters worse, many migrants don’t speak English, and ICE provides little guidance on how to go about legal processes, and certainly not any translated versions of instructions or resources. 

THE BOTTOM LINE:

As Trump continues his flurry of anti-immigrant actions, it’s essential to remain vigilant to the facts and truth. We must work to see these baseless claims as what they truly are: hateful rhetoric, not factual arguments. Diversity in the US should be celebrated, not abhorred. Dehumanizing language should have no place in the US government, especially not in our highest office. Maintaining a high integrity of indiscrimination and empathy for one another is more necessary now than ever, especially in wake of Trump’s anti-DEI initiatives.

All of these actions are justified by Trump with claims of high levels of violence and crime committed by undocumented immigrants, often paired with extremely degrading language of animalistic and impure nature. The claims by Trump of migrants being “animals”, “not people”, and “poisoning the blood of our country” strikingly resemble the verbal dehumanization that precedes massive cultural violence and genocide. In his book Mein Kampf, Adolf Hitler used the phrase “blood poisoning” as a way to criticize the mixing of races, and during the Rwandan Genocide Tutsis were commonly referred to as “cockroaches”. This sort of dehumanization is designated as the fourth of the ten stages of genocide. 

With the first flights full of deported migrants landing in Guantanamo Bay this past Tuesday, our full attention must be on the treatment of migrants, legality, and ethics of this detainment. Guantanamo Bay has repeatedly been subject to strong criticism by human rights groups for violating basic human rights, holding detainees without charges or trials, and violating the US Constitution; the implications of holding deported migrants at the facility are quite alarming, with high potential for human rights abuses obscured from the public eye.

The Trump Administration’s Oncoming Attack on Birthright Citizenship: What Does It Mean to Be an American?

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American birthright citizenship, and the associated rights and liberties, is core to the American experiment. The idea that someone born in the fifty states, regardless of their race, gender, status, or parents’ country of origin, is entitled to all of the freedoms, protections, and civic responsibilities that the United States has to offer, is an incredibly compelling one. American citizenship is intrinsic and inalienable. It has given us some of the nation’s best and brightest and created a distinct national identity; we can recognize our distinct ethnic, religious, or regional differences while living in the same communities, voting together, catching a football game, and so on. It unifies us – we are all “one America.”  It is what allows American communities to become cohesive and truly great; removal and separation breaks down the communities that make up our nation. It is this integral, compelling core value that is being challenged by recent executive orders by the Trump administration. 

Mere hours after being inaugurated again, President Donald Trump signed an executive order “Protecting the Meaning and Value of American Citizenship.” In doing so, the Trump administration seeks to “protect” American citizenship by redefining birthright citizenship to require both parents of a child to, at minimum, be legal residents of the US (green card holders) or full citizens. Prior to this, any child born on US soil was granted birthright citizenship, regardless of their parents’ legal status or nationality. This principle was codified in the 14th Amendment, which was designed to overturn the court precedent established in Dred Scott v Sanford, the landmark 1856 Supreme Court case that denied African-American slaves American citizenship despite being born on American soil. It was further solidified in another SCOTUS case, United States v Wong Kim Ark, in which a Chinese-American born in San Francisco had been denied citizenship on the basis that his parents were Chinese nationals during the time of the Chinese Exclusion Act, even though his parents were considered permanent residents of the United States. Ultimately, in the case Wong Kim Ark was found to be a citizen, therefore establishing the precedent that the parents’ origin is irrelevant to the citizenship status of their child. Birthright citizenship applies in almost all cases, with children of foreign diplomats being the only exception, as they’re not “subject to the jurisdiction” of the United States. The question is, how does this executive order overturn years of legal convention?

It is that exact phrasing in the 14th Amendment, “subject to the jurisdiction thereof” (meaning the jurisdiction of the United States) that the Trump administration has used to justify the executive order. In essence, the executive order asserts that a child born to parents that are not in the United States legally or are in the United States temporarily (on a visiting or student visa) is therefore not subject to the jurisdiction of the United States, but rather the parent’s country of origin. In other words, the administration has exploited the vagueness of the terminology to say that the US has no legal responsibility to someone whose parents do not hold permanent residence in the US. Executive orders, from a legal standpoint, are used to direct how the executive branch should enforce legal policy; often, they are used to enact policy that would otherwise be legislatively difficult, but it is still possible to legally challenge or prevent an executive order through the legislative and judicial branches. For the time being, a federal district court judge has blocked the order temporarily on the grounds that it is built off a bad-faith constitutional interpretation, calling it “blatantly unconstitutional.” But, the directive still holds political weight; it makes good on Trump’s political promises, yes, but it also establishes a more essentialist view on what it takes to be an American, especially in the context of the country’s changing demographics and rising rates of global migration. Moreover, it is an order that, while likely to be overturned, still inflicts fear in both his political opponents and any prospective migrants. 

Where do we go from here? Should the case go to the Supreme Court, there is a good chance that even the Trump-appointed justices break from the administration. Justice Amy Coney Barrett has been shown to break rank in favor of logical and clear constitutional rulings, highly valuing her own conservative principles and not wanting to serve as a mere pawn to the Republican agenda. Chief Justice John Roberts places high value on judicial precedent; this is evident in his concurring opinion in Dobbs v Jackson Women’s Health Organization, in which he emphasizes judicial restraint and stare decisis. Justice Neil Gorsuch has also occasionally taken more diverse ideological stances, authoring the majority opinions in Bostock v Clayton County and McGirt v Oklahoma, opposing discrimination on the basis of sexual orientation and in support of the sovereignty of Native American lands. Something with this clear of a judicial precedent is unlikely to be overturned easily, but it is still a possibility; in recent years, the court has shown a willingness to overturn long-held precedent, especially given the recent decisions overturning Roe v Wade and Chevron v NRDC. More than that, however, this executive order has opened the political and ideological floodgates. The country is facing an intense, vehement reckoning over immigration, from the looming crackdown on irregular migration to the political battles over H-1B (work visa) recipients. Amid these political battles, we again ask, what is the meaning and value of American citizenship? Who deserves to be a citizen? This executive order may well be a step toward a narrower, more exclusive definition of what an American citizen is.